HomeMy WebLinkAboutCOMM. 037 Hecht, D - Vacancies in OfficeHAWAII COUNTY CHARTER:
Vacancies in office for the County Council, the Mayor and
the Prosecuting Attorney
Rationale: According to the existing provisions on vacancies, if an elected official is
impeached, recalled, dies, or is unable to complete their term in any way, the people have no
"say" in who takes the office. The existing provisions in the charter are provided below.
If there is a vacancy in a council office, the ruling majority will vote to replace the council
member, probably appointing someone who politically is most like the majority, not someone
who is most in touch with the needs of the district.
If a vacancy occurs in the Mayor's office, his appointee, the managing director takes over, this
was not someone who ran for office or that may even be capable of this leadership position.
If a vacancy occurs in the office of the prosecuting attorney, his appointee, the first deputy
takes over, this person may not be the best person for the job.
I believe that the voters should elect another person to these posts if there is sufficient time
remaining in the term to warrant the expense of an election.
Sincerely,
Debbie Hecht
989-3222
hecht.deb@gmail.com
EXISTING CHARTER- COUNTY COUNCIL: Section 3-4. Vacancy in Office.
When any vacancy occurs in the county council, the remaining members of the council shall appoint as a
successor a person with the requisite qualifications to fill the vacancy. Within thirty days after the occurrence
of any vacancy, the council chairperson shall notify all remaining members of the council by registered mail
that on a specified regular meeting date, formal action shall be taken to fill the vacancy. Should the council fail
to fill any vacancy within sixty days after its occurrence, the chairperson of the council shall appoint a successor
to fill the vacancy for the unexpired term. The person appointed shall serve until a successor is duly elected and
seated.
(a) Proposed Amendment: A vacancy in the office of the county council shall be filled for the
remainder of the term in the following manner and order of priority:
(1) The person who received the next highest number of votes in the last general election (or in the
primary election if the official won in the primary election) shall be appointed to serve the
remainder of that term. OR
(2) If that person is unavailable to serve and if the term is less than 6 months, the county council
shall appoint a successor by majority vote. Applicants shall file nomination papers with the
county clerk within fifteen calendar days of the date that the vacancy occurred. The county clerk
shall provide copies of the applications to the council at the first council meeting where it can be
legally agendized and provide public notice of all candidates for the office in two newspapers of
general circulation in the county seven calendar days prior to the date of the council meeting.
The county clerk shall provide a resolution to the council with a blank space for the inclusion of
the chosen applicant.
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Proposed changes to the Charter- Vacancies in Elected Offices Debbie Hecht -Sept. 2009 1
(3) If the remainder of the term is greater than six months, there shall be a special election by mail
within forty-five days of the time that the vacancy occurred. Individuals wanting to serve the
remainder of the term shall meet all requirements for that office and shall file the required
nomination papers with the county clerk including signatures of qualified voters supporting that
person’s nomination.
EXISTING CHARTER MAYOR: Section 5-1.4. Vacancy in Office.
A vacancy in the office of mayor shall be filled by the managing director, or if the office of managing
director is vacant, or during such periods as the managing director is unable to so act, by the finance director
until a successor is duly elected and seated.
If the vacancy occurs after the filing deadline for the next regularly scheduled primary election, the
managing director shall serve the entire unexpired term.
If the vacancy occurs before the filing deadline for the next regularly scheduled primary election in the
middle of the mayoral term, the council shall, through its clerk, immediately issue an election proclamation,
announcing that a successor will be elected as prescribed in section 13-27. The proclamation shall also
announce the date for the close of filing of nomination papers for the office, which shall be ten days after the
issuance of the election proclamation, or the filing deadline for the primary election, whichever comes later.
The election shall be held in accordance with the election laws of the state insofar as otherwise applicable.
The person elected as the successor shall serve out the unexpired term of the person succeeded
commencing at twelve o'clock meridian on the first Monday of December following the election.
(Ed. note: Amended Ord. 59 approved Gen. Elec. 1974, further amended and renumbered Gen. Elec. 1990)
(e) Proposed Charter amendment: A vacancy in the office of the mayor, shall be filled for the
remainder of the term in the following manner and order of priority:
(1) The person who received the next highest number of votes in the last general election (or in the
primary election if the official won in the primary election) shall be appointed to serve the
remainder of that term.
(2) If that person is unavailable to serve and if the term is less than 6 months, the county council
shall appoint a successor by majority vote. Applicants shall file nomination papers with the
county clerk within fifteen calendar days of the date the vacancy occurred. The county clerk
shall provide copies of the applications to the council at the first council meeting where it can be
legally agendized and provide public notice of all candidates for the office in two newspapers of
general circulation in the county seven calendar days prior to the date of the council meeting.
The county clerk shall provide a resolution to the council with a blank space for the inclusion of
the chosen applicant.
(3) If the remainder of the term is greater than 6 months, there shall be a special election by mail
within forty-five days of the date that the vacancy occurred. Individuals wanting to serve the
remainder of the term shall meet all requirements for that office and shall file the required
nomination papers with the county clerk.
(4) If the successor serves more than one-half of the term, that portion shall be counted as a full term
toward the term limits.
EXISTING CHARTER: PROSECUTING ATTORNEY- Section 9-5. Vacancy in Office.
A vacancy in the office of prosecuting attorney shall be filled by the first deputy who shall act as
prosecuting attorney, or if the position of first deputy is vacant or if the first deputy is unable to so act, the
mayor with the confirmation of the council shall fill the vacancy by appointment of a person with the requisite
qualifications within thirty days after the occurrence of the vacancy.
Proposed changes to the Charter- Vacancies in Elected Offices Debbie Hecht -Sept. 2009 2
The first deputy or the person appointed to fill the vacancy shall serve until a successor is duly elected at
the next state or state and county election and seated. The election shall be held in accordance with the election
laws of the state insofar as applicable.
The person elected as the successor shall serve out the unexpired term of the person succeeded
commencing at twelve o’clock meridian on the first Monday of December following election.
(Ed. note: Amended by Ordinance No. 59, approved 1974, renumbered Gen. Elec. 1990)
(f) Proposed Charter Amendment: A vacancy in the office of the prosecuting attorney shall be
filled for the remainder of the term in the following manner and order of priority:
(5) The person who received the next highest number of votes in the last general election (or in the
primary election if the official won in the primary election) shall be appointed to serve the
remainder of that term.
(6) If that person is unavailable to serve and if the term is less than 6 months, the county council
shall appoint a successor by majority vote. Applicants shall file nomination papers with the
county clerk within fifteen calendar days of the date that the vacancy occurred. The county clerk
shall provide copies of the applications to the council at the first council meeting where it can be
legally agendized and provide public notice of all candidates for the office in two newspapers of
general circulation in the county seven calendar days prior to the date of the council meeting.
The county clerk shall provide a resolution to the council with a blank space for the inclusion of
the chosen applicant.
(7) If the remainder of the term is greater than 6 months, there shall be a special election by mail
within forty-five days that the vacancy occurred. Individuals wanting to serve the remainder of
the term shall meet all requirements for that office and shall file the required nomination papers
with the county clerk.
(8) If the successor serves more than one-half of the term, that portion shall be counted as a full term
toward the term limits.
Proposed changes to the Charter- Vacancies in Elected Offices Debbie Hecht -Sept. 2009 3